ROC Filing: Avoid These Common Errors in ROC Filings
Every company registered in India is required to follow some rules made by the Ministry of Corporate Affairs (MCA). One of the most important rules is to regularly submit documents to the Registrar of Companies (ROC), known as ROC Filing. These documents give information about your company’s directors, finances, yearly reports, and any changes in the company.
ROC Filing is not just a formality but a legal requirement under the Companies Act, 2013, and helps the government keep a proper record of your company to ensure compliance, financial transparency and accountability. If these documents are not filed on time or have mistakes, your company could face penalties and even legal trouble.
Key Documents Filed With ROC
- ADT‑1: This form is filed for the appointment of the company’s auditor.
- Annual Return (MGT-7/7A): This form captures the shareholdings and director information and is required to be filed within 60 days of the Annual General Meeting.
- AOC‑4: This form is used to submit the company’s audited balance sheet and profit and loss statement. It must be filed within 30 days of the Annual General Meeting.
- DIR‑3 KYC: This form is filed to verify and update the KYC (Know Your Customer) Details of the Directors of the Companies.
- DPT-3: It is an annual return form that is used to report the deposits and other money of loans received by the company.
Most Common Mistakes During ROC Filings
Here are some common mistakes that you should avoid:
- Invalid DSC: Every ROC filing needs a valid Digital Signature Certificate (DSC). If the DSC is expired or invalid, the form submission will fail, causing unnecessary delays. Therefore, before starting the RIC filing, make sure the DSC is valid.
- Missing Important Compliance Events: The Event-based filings must be submitted whenever there is a change in the company, including appointing or removing a director, changing the registered office, etc. Ignoring these can result in penalties and non-compliance notices.
- Submitting the Wrong Form: Each ROC filing has a specific form. Filing the wrong one can result in rejection. Therefore, make sure you are filing the right form.
- Not Filing on Time: Each ROC form has a deadline, and missing it means your company will be charged a late fee, which is usually Rs 100 per day, per form, until it is filed.
- Incorrect or Incomplete Details: Making mistakes in some key company information, like PAN, CIN, director identification number (DIN), or addresses, can lead to mismatches.
- No Proper Documentation: Companies also need to keep supporting records like board resolutions, meeting minutes, and statutory registers. If these are missing during an inspection, your company could face compliance issues.
How to Avoid ROC Filing Mistakes
Here is how you can avoid these common errors that may result in delays or penalties:
- Create a Compliance Calendar: Make a compliance calendar that has your important ROC filing deadlines. Add reminders in advance so that you have enough time to prepare for the filing.
- Keep Digital Signatures (DSCs) Valid: Make sure your directors’ DSCs are active and not expired.
- Use Latest MCA Forms: The MCA often updates the ROC forms. Therefore, companies are advised to download the latest form from the official website of the MCA.
- File Changes Without Delay: If there are changes in your company, like a new director, a change in office address, etc., then file the required forms immediately.
- Double-Check All Information: Before you submit any form, carefully verify key details like Company Identification Number (CIN), Director Identification Number (DIN), PAN numbers, Names and spellings.
- Keep Proper Documentation: Keep audited financials and required documents ready before starting the ROC filing.
